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i have been thinking of creating a side bet for a popular casino game, i understand it is a very hard market to break through

i have met with around 3/4 IP advisors and IP Attorneys and they have all told me that we can not patent a side bet idea, so what do we need it to become so we can protect it?

  • The problem is if the new side bet idea is effective then casinos will adapt to this and make it obsolete. Also if others know about this it can affect odds and returns. You might consider just using it personally to make money in casinos. – Eric Shain Dec 29 '16 at 21:47
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A new way of gambling is not really patentable subject matter, as it is almost certainly an abstract idea. Abstract ideas are excluded from patentability in the US. Although there is no single definition of abstract idea, the 2014 Interim Guidance on Subject Matter Eligibility provides:

Abstract ideas have been identified by the courts by way of example, including fundamental economic practices, certain methods of organizing human activities, an idea 'of itself, and mathematical relationships/formulas.

What can you do?

You would need to further develop your gambling method to be more than abstract. It is hard to be precise in this. However, a new, unique device that enables the betting method might be patentable (even if the method itself is not).

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